Recent content by davezan

What is the name of your state? Well not exactly based in the US, but I just came from VA if that's okay. :D Well, not exactly a question, but some related reading for those who might be interested. For those coming in, eBay sued Perfume Bay for trademark infringement, especially for the...

What is the name of your state? CA (well, going there soon) Pardon if this appears inappropriate. But I thought I should post what I at least had gotten from one of my feeds I just read: http://news.com.com/8301-10784_3-9719339-7.html The "legislative proposal" in question...

He he he, you got that right about the law not having caught up with tech changes. It is. The tough part is proving the other party knew what it was doing yet went thru with it anyway. Not quite. There is, in fact, an administrative proceeding designed specifically for the purpose of...

My frequent consultation with some experts tell me that the application might get accepted. The more specifics yet avoiding infringing on other marks of similar classes, the better. It's a case to case basis. Either they'll deny it outright, or send it back saying what needs clarification but...

I think this will help answer your question: http://www.bitlaw.com/trademark/common.html

If you can prove you have a common law trademark and you can prove you were in business first, you may have a chance of getting the domain from the other party via the Uniform Dispute Resolution Policy or the Anticybersquatting Consumer Protection Act. But having a registered trademark is...

Springfever, let me shake your hand. You're a rare breed! :) Nowadays people can sue you for whatever reason, even if you're innocent. Your best chance to ward it off is to try negotiating for a settlement of sorts, but still expect the worst. I'm sorry I don't know anything about the...

I doubt it's a scare tactic. Their letter did cite specifics, and neopets is a real deal. (my wife frequently plays their games. :D ) Is it possible someone else used your programs to do what they stated? You definitely need to retain an attorney for this one. Good luck.

First, a domain name and a website are 2 separate things. You're actually referring to the domain name, but how you're using it (especially since you're building essentially a "sucks" website) matters a lot. Re/max can use the Anticybersquatting Consumer Protection Act (ACPA) to get the...

Theoretically you are because people might confuse you with kazaa, more so since both you and kazaa use software. But some things to consider: 1. The spelling of both words are obviously different. 2. Kazaa's software is P2P. If your software does the same or similar to theirs, it can pose...

Only legal action can possibly help you regain those files. But the problem is being able to prove you own them, moreso proving an agreement was made in the first place. Unless you 2 had a written agreement, I sincerely doubt you'll be able to get them back just like that. Not an attorney but...

Thanks for the clarifications, divgradcurl!

You got it. Unless you gained permission directly from those parties, you're infringing on their trademarks. Consider yourself lucky they only asked you to take off their names and not transfer your domains to them. ;)

At the very least, a cybersquatter is one who registers a domain name with the intent to sell it back to the trademark holder for profit. So based on your subsequently reply: Did they openly try to sell it to you first with a specific price? If yes, then you can hold them liable for...

If I remember it right, clicking the check box beside the "I agree to the terms and conditions" etc of whatever site I join means I agree to the terms and conditions etc, even if I don't necessarily agree with them. :) Consider yourself lucky she and you don't live in the same area. IMHO...